ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 August 2019 DOCKET NUMBER: AR20180001108 APPLICANT REQUESTS: a correction to his entitlement date on the health professional loan repayment website to reflect 2 July 2015. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Reserve Component (RC) Commissioned Officer appointment * United States Army Reserve and Army National Guard Incentives Declaration Statement * DA Form 71 (Oath of Office) * United States Army Recruiting Command memorandum FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect: a. He was appointed as a Reserve Commissioned Officer of the Army on 29 January 2014, he took the Oath of Office on 2 July 2015, and signed his contract, which also includes the health professional loan repayment incentive, on 6 August 2015. b. Based on the health professional loan repayment website, his entitlement date is 19 May 2016. He previously applied for and received the 2017 fiscal year (FY) loan repayment; however, due to the incorrect entitlement date, he does not qualify for the FY 2016 loan repayment. His entitlement date should align with his Oath of Office date of 2 July 2015, which is almost a year earlier. c. The incorrect entitlement date reflected on the website prevents him, due to ineligibility, from applying for the FY 2016 loan repayment. Upon contacting the health professional loan repayment department, he was informed that they are unable to correct the entitlement date reflected on their website and until the date is corrected, they cannot process his 2016 loan repayment application. 3. The applicant provides: a. Reserve Component (RC) Commissioned Officer appointment, dated 29 January 2014, reflects he was appointed as a RC commissioned officer. b. United States Army Reserve and Army National Guard Incentives Declaration Statement, indicates he entered into the contract on 6 May 2015, the date of signature. c. DA Form 71 (Oath of Office), reflects he took the oath of office as a Reserve Commissioned Officer on 2 July 2015. d. United States Army Recruiting Command memorandum, reflects he was recommended for the United States Reserve of the Army Appointment into the Dental Corps, effective 2 July 2015. 4. A review of the applicant’s service record shows he was appointed as a Reserve Component Commissioned Officer on 29 January 2014. 5. An advisory was obtained from Headquarters, United States Army Recruiting Command advisory opinion, dated 16 January 2019 and states: a. Health Services Division, HRC, confirmed the applicant’s anniversary date for loan repayment was incorrectly annotated and has taken the steps to update it to 6 August 2015; i.e., the date the officer signed his Health Professions Loan Repayment (HPLRP) agreement. b. Army policy states the anniversary date for the repayment of a health professional's qualifying loan is based on the date the officer completes the agreement. c. In this case, the applicant has been a satisfactory participant since being appointed and assigned to the SELRES on 2 July 2015 because his record of performance reflects substantial participation and, most importantly, his immediate commander has not taken action to determine he is an unsatisfactory participant. d. In summary, the applicant’s HPLRP anniversary date has been updated and he has been a satisfactory participant since he was appointed and assigned to the SELRES on 2 July 2015. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions and the advisory opinion were carefully considered. The advisory opinion shows his requested relief was already provided by another Army agency. Therefore, the Board determined there was no other relief appropriate for consideration. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Title 10, USC, section 16201 (Financial Assistance: Health-Care Professionals in Reserve Components (RC)) states for the purpose of obtaining adequate numbers of commissioned officers in the RC who are qualified in health professions, the Secretary of each military department may establish and maintain a program to provide financial assistance under this chapter to persons engaged in training that leads to a degree in medicine or dentistry. Under such a program, the Secretary concerned may agree to pay a financial stipend to persons engaged in health care education and training in return for a commitment to subsequent service in the Selected Reserve. The Secretary of the military department concerned shall agree to pay the participant a stipend, in the amount determined under subsection (g), for the period or the remainder of the period that the student is satisfactorily progressing toward a degree in medicine or dentistry while enrolled in an accredited dental school. 3. AR 135-180 (Qualifying Service for Retired Pay Non-Regular Service) Paragraph 2-8 defines qualifying service and states, in pertinent part, that a RC Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. 4. U.S. Army Recruiting Regulation (USAREC) 601-37 (Army Medical Recruiting Program) prescribes eligibility criteria governing the appointment of persons into the AMEDD, with or without prior service (PS), into the Regular Army (RA) and the Army Reserve (AR) and provide the policies and procedures to process applicants for direct appointments and student programs. To be eligible to participate in the MDSSP applicants must be: * a commissioned officer in the Ready Reserve * execute an MDSSP service agreement * while in the stipend phase, the participant must be assigned to the APMC 5. AR 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Provisions) prescribes policies and procedures governing the various types of service obligations and participation requirements. As such, AMEDD officers can be deemed satisfactory participants even though they fail to achieve a qualifying year of service for retirement; i.e., 50 retirement points. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180001108 4 1